Creditors often face an uphill battle when they’re trying to collect on a debt. Even if they have a judgement, there isn’t any guarantee that they will receive what the court ordered. It may behoove creditors to think of the judgement as a legal finding that the debt is valid, but it doesn’t mean it will be automatically paid.
Successfully recovering the judgment can take work, and Florida has some options available for creditors to take care of this. Understanding those options may be beneficial.
Creating a judgment lien
One of the most powerful options for creditors is filing a Judgment Lien Certificate. This isn’t required, but it’s best to do this as quickly as possible. The sheriff’s department will pay each creditor’s judgment in the order that the liens were filed. This means that other liens would be paid first if they filed first.
Once the Judgment Lien Certificate is issued, the creditor has to find any property that’s eligible for seizure. This can include real property, but not the person’s primary home or homestead. It can also include personal property but there are exemptions that must be considered.
In order for the sheriff to seize property, you must file a Writ of Execution with the sheriff in the county where the property is located. The sheriff can’t do anything until they have that writ, which must be issued by the Clerk of Court in the county where the judgment was ordered.
The situation becomes more complex if the assets are out of state. It’s best for the creditor to have someone on their side who can assist with domesticating a judgment. Doing this as quickly as possible is critical to preserve the rights of the creditor.